Publication Date

Winter 2025

Journal

DePaul Law Review

Abstract

This Essay highlights the many ways that ordinary conceptual and moral intuitions shape the development of tort law. It further argues that, for a range of doctrinal and institutional reasons, such intuitions deserve a central place in tort theorists’ efforts to explain, predict, justify, and reform the law of torts. Finally, given the stakes for both positive and normative tort theory, the Essay emphasizes the need for more systematic empirical research into the content and operation of people’s tort-relevant intuitions.

Volume

75

Issue

2

First Page

569

Last Page

592

Publisher

DePaul University College of Law

Disciplines

Civil Law | Courts | Judges | Jurisprudence | Law | Law and Psychology | Torts

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